Detailed Answer
Under Nebraska law, a valid will generally requires formal execution with two attesting witnesses (Neb. Rev. Stat. § 30-2315). Notarization is optional but common. If a will lacks the two witness signatures, you have limited options:
1. Determine if the will qualifies as a holographic will
Nebraska recognizes holographic wills—handwritten documents entirely in the testator’s handwriting, signed and dated by the testator—without witness signatures (Neb. Rev. Stat. § 30-2316). To admit a holographic will, you must:
- Confirm the entire document is in the decedent’s handwriting.
- Verify the testator signed at the end and included a date.
- Provide testimony from at least one credible witness familiar with the testator’s handwriting (Neb. Rev. Stat. § 30-2316(3)).
2. Review options if the will is not holographic
If the document is typed or lacks handwritten material provisions, Nebraska courts generally will not admit it as a will—absent special statutory relief such as lost or destroyed wills, which does not apply to formal defects in execution (Neb. Rev. Stat. § 30-2319).
3. File a probate petition in county court
- Identify the county court where the decedent resided at death.
- File a petition for probate of will (Neb. Rev. Stat. § 30-2401).
- Attach the original document, any witness affidavits or handwriting proofs, and a proposed order.
- Serve notice on heirs and beneficiaries as required (Neb. Rev. Stat. § 30-2282).
- Attend the hearing and present evidence that the document reflects the decedent’s final wishes.
4. Consider intestate succession if the will is invalid
If the court refuses to admit the document as a will, the decedent’s estate will distribute under Nebraska’s intestate laws (Neb. Rev. Stat. § 30-2201), potentially passing property to surviving spouse, children, or other relatives.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Keep the original document in a safe place; courts require the original for probate.
- Gather all witnesses early—memories fade over time, and witness testimony is critical.
- Obtain certified copies of death certificates to file with your petition.
- Prepare a list of heirs and next of kin with current contact information.
- Consider legal counsel if you face objections or complex family dynamics.